Any person having a debt or demand due at the commencement of an action, or a plaintiff after action for any cause has been brought, and either before or after judgment, may sue out an attachment at law or in equity, against the property of a debtor or defendant, in the following cases:

(1) Where the debtor or defendant resides out of the state;

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Terms Used In Tennessee Code 29-6-101

  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(2) Where the debtor or defendant is about to remove, or has removed, the debtor’s or defendant’s person or property from the state;
(3) Where the debtor or defendant has removed, or is removing, the debtor’s or defendant’s person out of the county privately;
(4) Where the debtors or defendants concealed is so that the ordinary process of law cannot be served upon the debtor or defendant;
(5) Where the debtor or defendant absconds, or absconded concealing the debtor’s or defendant’s person or property;
(6) Where the debtor or defendant has fraudulently disposed of, or is about fraudulently to dispose of, the property;
(7) Where any person liable for any debt or demand, residing out of the state, dies, leaving property in the state; or
(8) Where the debtor or defendant is a foreign corporation which has no agent in this state upon whom process may be served by any person bringing suit against such corporation; provided, that the plaintiff or complainant need only make oath of the justness of the claim, that the debtor or defendant is a foreign corporation and that it has no agent in the county where the property sought to be attached is situated upon whom process can be served.